Here is one for you US Immigration Experts....

Gator says on Jul 16, 2009, 07:27:

1. NO
2. She can apply to adjust status
3. No permission needed as long as the child has a US passport and the birth has NOT been reg. at a Colombian
Consulate. DAS can be a horses ass about this at times
4. Rule vary from state to state-In California, the only legal way to add the father's name to the birth certificate
(if they are not married) is for the father and mother to sign an Acknowledgement of Paternity and Declaration
of Paternity. The mother can not unilaterally place his name on the birth certificate.
5. An admission of prostitution is a bar to immigration under INA section 212(b).

If she files for child support a judge can order DNA testing- If he is in fact determined to be the father he can be legally added to the birth certificate and ordered to pay child support.

"Bene, cum Latine nescias, nolo manus meas in te maculare" .

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scumbuster says on Jul 16, 2009, 07:29:

Before he gets the cart ahead of the horse he better get the DNA test. If she is in fact a prostitute I would have serious doubts it was his. Who knows how many men she could have been with in the week leading up to your friend and week after.. For that matter even the same day.

Tomas Jefferson “When the people fear their government, there is tyranny; when the government fears the people, there is liberty.”

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Rikito says on Jul 16, 2009, 07:41:

Also on the books is a USCIS provision that goes something like this. During World War ll and Korea it was common for some soldier to get a girl pregnanat...sometimes she will pay the sap. When she gets to the U.S. and has the baby the baby is a U.S. citizen and momma can stay in the U.S. forever even though she basically got in via a scam.

No more cowboy! It makes no difference where the baby is born. If you can prove she used you soley to get into the U.S. or in effect ran a scam so she can stay in the U.S. You can take her to court and have her sent back to her home counrty. Of course the baby can stay in the U.S.

I know I may not be saying all of the right words here, maybe gator knows more about this. But I do know that you cannot defraud the USCIS as a way of getting a green card (which is not green and has not been green for 60 or 70 years). It is at this point you call USCIS and ask some questions.

...and so it goes

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Miguel_Clavo says on Jul 16, 2009, 07:45:

Ok, thanks Gator....

A. can the father register the birth at a Colombian Consulate? or is she the only one to do it. What paperwork would he need to do this if he could?
B. She has to admit to being a hooker for a denial? or can he just advise Immigration about it, and its up to them who to believe? if they believe him, can they deny here the change in status, thus forcing her to return to Colombia after the tourist visa expires?

SB....i thought the same as well....but he doesnt want anything to do with her, only the childs welfare is what he is concerned about. and i agree, the DNA is the first step for him.

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Miguel_Clavo says on Jul 16, 2009, 08:03:

Brians, so what does registering the baby at the consulate mean? i am not familiar with that process...what are the ramifications for him? how is that to his disadvantage? i was thinking that by registering the baby at the consulate, if she ever returned to colombia, she would not be able to take the child out of colombia without his permission, which would give him some leverage in negotiations..ie, for her if she ever wanted to take the child to colombia, it might be a one-way trip for the child unless the father agrees for the child leaving colombia. Your thoughts?

btw, my friend who is in this is NOT billyb...jajajajjajaj

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Gator says on Jul 16, 2009, 08:09:

He can't apply for Colombian citizenship for the baby-only the Colombian national-the mother.

If you enter the US on a tourist visa and get married, either of the following two things will happen:

You can successfully apply for adjustment of status after the marriage and live happily ever after; or
The immigration officer can find there was preconceived intent, deny the application, and deport you back to your
home country.

If she thinks it’s easy to fool the US immigration officers then she should think twice. If she is caught violating the immigration laws, she could be accused of committing visa fraud. If fraud is found, she will face serious consequences. At the very least, she will have to return to Colombia. Even worse, she may receive a ban from reentering the US, a ban that could be indefinite.

"Bene, cum Latine nescias, nolo manus meas in te maculare" .

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Miguel_Clavo says on Jul 16, 2009, 08:15:

Gator, so the preconceived intent that needs to be shown is that she intended to get pregnant for an anchor baby, or that she is marrying some sucker solely to obtain residency?

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Miguel_Clavo says on Jul 16, 2009, 08:37:

since her goal is to stay in the US, if for some reason the child was in Colombia with him, then i dont think she would object to having her child returned to her in the US. But, wouldnt she need his permission to take the child out of Colombia as well once the child is registered with the consulate? He lives in California, but has travelled to Colombia with me.

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Gator says on Jul 16, 2009, 09:03:

No, unless he is named on the birth certificate as the father, she is an unwed mother father unknown. Also the time allowed on her tourist visa in not indefinite-she has to leave when the time is up or apply to ICE for an extension. If she overstay she is subject to deportation.

With this many questions and changing circumstances best you/he seek legal advice from a competent immigration attorney.

"Bene, cum Latine nescias, nolo manus meas in te maculare" .

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Miguel_Clavo says on Jul 16, 2009, 09:19:

thanks Gator...just doing some basic research for him and thinking of all sides to it, but he will need to talk to a custody attorney and an immigration attorney....

so she can apply for an tourist visa extension, and/or a change of status if she decides to marry? all the time remaining in the US pending a decision?

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Mononoke28 says on Jul 16, 2009, 10:15:

Yes, she can apply for a tourist visa extension but it's extremely hard to get. They only approve it in emergency cases or in cases where it's absolutely necessary.

She can adjust her status from a tourist visa to permanent residency if she marries a US citizien (either your friend or someone else) while still living in the US. The process takes between 6-12 months.

Also, why in the world would she "admit" that she's a prostitute IF she happens to be one. I don't think she's that stupid, I mean she was clever enough to get pregnant try to stay here. (that's what I think anyway).

AND... she says she doesn't want child support. Uhm... I'll call BS on this one. For one she can't legally work because she's a tourist, working is a big no no with that type of visa. The visa will eventually expire so she has to go back home. She will be unemployed by then. And she has a child. So YES, she will file for child support. Guaranteed.

Diana

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Miguel_Clavo says on Jul 16, 2009, 10:22:

i thought so too as well.....i dont think she would admit to being a hooker, but i wanted to evaluate the impact on her touris visa or any application for an extension or spouse visa if he claimed she was or he paid her for sex...i think she will continue to work.....what happens if he reports her as working? will they investigate it?

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Miguel_Clavo says on Jul 16, 2009, 10:25:

even though she is 8 months pregnant, i thought it really odd that she hasnt hit him up for money....weird.

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scumbuster says on Jul 16, 2009, 10:42:

She can’t get any till she has the baby and determines paternity. If she is a hooker it’s not likely she will ever prove paternity if it’s not your buddies. Not likely she keeps contact info with all her Johns. And under no circumstance should he marry her. Then not only will he have to pay child support but alimony if they get divorced. Also he would be financially responsible to reimburse the government if she went on welfare.

Tomas Jefferson “When the people fear their government, there is tyranny; when the government fears the people, there is liberty.”

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Mononoke28 says on Jul 16, 2009, 10:58:

Well, one thing is to accuse someone of wrong doing, in this case prostitution, another trying to prove it, and another admitting it. So unless she gets caught by the law giving it out for cash, I doubt she'll be considered a hooker unless she blatenly says so on all her paperwork.

As far as money, she doesn't need it yet. I'm sure she's going to a inexpensive clinic for her check ups and that's pretty much all she nees right now. All other stuff can be bought afterwards. But that just made me think of something else... who is paying for her hospital stay when she has her baby? Taxpayers I'm sure. =

Diana

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spacefossil says on Jul 16, 2009, 11:47:

(1) She is already illegal, even if her tourist visa is still valid, because she worked illegally. That by itself, if proven, denotes she is deportable, regardless of her pregnant status. Her son may be american if gets born in the US, but she has to wait for him to be an "adult" in order to file fr his mother for residency.
(2) If she goes back to Bogota, almost 99.99% sure she will have her visa denied. She has to try to get a change of status in the US, and try to convince the INS officer her marriage is real and not just for papers.
(3) Any child leaving Colombia, needs to have a notarized authorization to leave the country from bith his father and mother. In her case, from the childs father since she will be traveling with the child. Still, that is if she has a valid visa to travel to where evere she is planing to do so.
(4) Don't know about California, or any other state for that matter. In Colombia, you can just make a notarized statement and that's it.
(5) There is no visa for illegal "prostitute" mothers. Other than getting married to a US citizen AND convincing the INS officer it is a real marriage, there are just a few other options for her. If she was abussed, ther is a new law that will grant her residence permit, but I will assume the abusser will be charged. Other than that... she will have to live illegally and hope for an amnisty law that might protect her.. which I doubt unless she has been illegal for over 10 years.

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Rikito says on Jul 16, 2009, 13:20:

Antithesis, what the hell are you talking about? Nothing if what you said makes any sense or is rhetorical in anyway. Learn what the word means. This is a perfectly legit thread and line of questioning. The commentors have done an excellent job of answering a difficult question and staying within boundaries. Now it's time for you to back to your hole and let the original thread continue wihtout childish idiocy taking place. Good grief.

Good job commentors!!

...and so it goes

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Miguel_Clavo says on Jul 16, 2009, 13:27:

M28.....i just was thinking along the lines of creating enough doubt in the mind of the interviewer that would cause him/her to deny the change of status to a spousal visa. The prostitution accusation doesnt have to be proven to the same extent in a immigration hearing as in a criminal court, right? the immigration interviewer just needs to be of the opiniion that there is moral turptitude (sp?) or similar opn the part of the lady?

SF:

1. i agree with you, as she has told him she is working in a clothes store, which puts her in violation of her tourist visa, i will tell him to get video evidence of that employement. this seems to be his only leverage in the whole matter.
2. i think she doesnt have to return to bogota, just apply for a change of status.
3. if the child enters as a US citizen, then he can leave as a US citizen freely. unless, there is an issue with the birth being registered by the mother at a consulate, if i am hearing people here in this thread.
4.i think that if/when she registers the birth in Colombia, she would need to do as you say.
5. she would be finding a sucker to marry before the end of her tourist visa, even moreso if they do not give her a visa extension. and i think the worst case scenario for her would to remain here illegally and trying to get child support from the guy at the same time as hiding from the authorities. Not sure how that would play out......any thoughts, anyone?

AntiT: no problema, Sr, Have at it.....

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lpdiver says on Jul 16, 2009, 15:19:

Depending on the birth certificate she probably cannot leave the USA without permission from the father. ESPECIALLY with a very young child or infant!

ts

Remember what the monkey says, "Fuck money it's free"

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Miguel_Clavo says on Jul 16, 2009, 16:11:

Lp....whether or not she can leave the US with the child depends on if the father who is listed on the birth certificate gives permission or not? is this some sort of anti-parental childnapping measure? i never heard of anything like that, but my friend might try filing a childnapping report if she decides to leave the USA with the child. interesting angle. But if he is not on the certificate, then she travels freely, i would imagine, like Gator says, without the Consulate registration.

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lpdiver says on Jul 16, 2009, 16:26:

Why all the hate? The lady has made no requests? She is knocked up. Okay. She is attempting to skirt immigrations. How is your friend damaged other than knocking up a hooker (occupational hazard?)

ts

Remember what the monkey says, "Fuck money it's free"

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Gator says on Jul 16, 2009, 17:26:

2. i think she doesnt have to return to bogota, just apply for a change of status.
correct

If the father is deceased a notarized copy of the death certificate or or a notarized copy of the divorce awarding the traveling parent SOLE custody is needed.

Obviously if there is no father listed on the birth certificate or as unknown that's the end of that and there is no travel problem. Be sure and have a notarized copy of the birth certificate issued than 90 days prior to travel.

"Bene, cum Latine nescias, nolo manus meas in te maculare" .

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Miguel_Clavo says on Jul 16, 2009, 17:33:

i dont know, you would have to ask him. I dont see any hate at all. what part are you referring to as hate? maybe you thought my response was other than inquisitive as to what you posted. i thought maybe you knew of some anti-parental childnapping measure similar to the laws some states have enacte. I have not confirmed from him if she was even a hooker. But, in the event he indicates affirmative, i would have something to tell him so he can sit on the toilet seat and contemplate life. Me personally, have problems with someone trying to skirt immigration laws. I say toss all of the illegals out, but that is another thread. I am doing some basic research for him as i have the time to do it, and i know who on this site provides good reference material to get the ball rolling for him. and again, personally, i would rather have him hope for the best, but expect the worst, and prepare for the worst. if it turns out she doesnt want anything now or later, which i think is doubtful, then he skates i would imagine. At least he will be well-versed in Immigration law...jajajajjaja

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Philly says on Jul 16, 2009, 17:58:

Gator, I PMed you a couple of days ago. Please respond, it is very important.

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lpdiver says on Jul 16, 2009, 17:59:

Hate = Going to call ICE...moral turpitude...set her up for kidnapping charges...

I have no problem with all illegals being deported...just don't have the stomach for it myself in some cases.

There are two issues here.

1. Is the kid his? This then becomes a dilemma of what he wants to do. Seems from your description only meet his legal obligation. If not does he want to marry her and make a better life for the mother and child again; from your description, no. That being covered he needs to get a DNA test to be 100% sure of what he is dealing with.

2. Does he really want to become an immigrations enforcement person. If he gets a free ride ticket...I say just walk away and let her issues be her issues.

Possibly she just accidentally got knocked up and is doing what she considers to be the right thing by letting him know he has fathered a child.

In the end I think a calm approach is warranted.

No harm no foul. The only real law she has broken is by working on a visitors visa that I can see.


ts

Remember what the monkey says, "Fuck money it's free"

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Miguel_Clavo says on Jul 16, 2009, 18:29:

again, by me asking question while doing research you consider this hate on my part? ok if you say so......i dont even know this lady....

1. no sure what he wants to do, but i would guess he would like to be informed, make an option list, and then pick a plan.....i would do just that. if you read the OP, you would know if was a one-night stand, i imagine, so why would he want to marry her? imho, that would be the worst thing to do. i agree with the DNA test being important, so its off to Jerry Springers show for him...=)

2. like i tried to explain to you but you must have not read that part....he wants to know his options, and one might be to have her deported for visa violations, which is obviously occurring and easily documented. But knowing ones options does not mean that every option will be used, or any of them used for that matter. Again, i dont doubt that once he knows the child is his he will do right by her. He has a proven track record for that. The moral turptitude words were my words, not his, in my attempt to get clarification on some ideas presented to me. and if he decides to call ICE, that is his right, regardless of what anyone else thinks.

But i dont want to dwell on this forever, so i will call him tomorrow and let him know what i have learned here...maybe she wont try to take him to the cleaners like every male in CA who has gotten the shit end of the court stick. in that case, maybe good things will happen. Either way, it would be a big mistake in my book to be not prepared for the worst case scenario. Being caught blind-sided is not a good way to prepare yourself.

thanks for everyones input!

MC

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miamimike says on Jul 16, 2009, 23:15:

Doesn't matter if she has a kid or not, this does NOT prevent her from being Deported a La Patria(colombia) It happens every day in Miami so she is whistling Dixie on thios one. Not true. This guy(OP) needs to get a DNA Pronto as it sounds like he is being conned.

No hay Peor Ciego que el que no quiere Ver o Sordo que el que no quiera Oir--Sarah Palin, Wasilla Alaska

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Miguel_Clavo says on Jul 17, 2009, 06:00:

So MM, what grounds would they deport her? only on the working on a tourist visa? or is there something else?

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Rikito says on Jul 17, 2009, 06:27:

Antithesis oh then clue me in oh enlightened one that has so many people responding to you.

...and so it goes

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